[Adopted 6-8-1993, effective 6-21-1993]
The Common Council finds that the transportation of waste tires within the City of Buffalo contributes to storage problems and the illegal dumping of said tires thereby posing potential fire and environmental hazards. This Article is enacted to protect the health, safety and welfare of citizens of the City of Buffalo.
For the purposes of this Article, the following definitions shall apply:
LOCAL TRANSPORTER PERMIT
A local transporter permit issued pursuant to § 235-17.
WASTE TIRES
Used tires, whether intended for reuse, recycling or disposal.
[Amended 9-2-1997, effective 9-11-1997]
No person, firm or corporation shall transport more than four waste tires within the City of Buffalo without a local transporter permit as provided in § 235-17.
A. 
Any person, firm or corporation transporting between four and 10 waste tires within the City of Buffalo without a local transporter permit shall be subject to a fine as provided in § 235-20A(1) of this chapter.
B. 
Any person, firm or corporation transporting between 11 and 25 waste tires within the City of Buffalo without a local transporter permit shall be subject to a fine as provided in § 235-20A(2) of this chapter.
C. 
Any person, firm or corporation transporting between 26 and 50 waste tires within the City of Buffalo without a local transporter permit shall be subject to a fine as provided in § 235-20A(3) of this chapter.
D. 
Any person, firm or corporation transporting more than 50 waste tires within the City of Buffalo without a local transporter permit shall be subject to the penalties as provided in § 235-20A(4) of this chapter.
An application for a local transporter permit shall be filed with the Director of Licenses and Permits indicating the vehicle or vehicles and equipment and any place of temporary storage used or to be used by the applicant, and the place or places where and the manner in which the applicant will finally dispose of the waste tires, and such other information as the Director of Licenses and Permits, the Department of Police or the Department of Fire deems necessary.
A. 
The applicant shall, before a permit is issued, provide a surety bond in the penal sum of $50,000, conditioned for compliance with this Article and other applicable laws and ordinances, further, said bond shall be forfeitable to the City of Buffalo for any fines imposed as a result of violations of this Article, or costs incurred by the City of Buffalo, including but not limited to payment of costs directly or indirectly related to cleanup, storage or disposal of tires improperly transported by the permit holder in violation of this Article or other applicable laws and ordinances, such bond to be in a form and content acceptable to the Corporation Counsel.
B. 
A fee as provided in Chapter 175, Fees, shall be collected with each application, and such fee shall be nonrefundable.
A. 
Upon review and approval of the application by the Director of Licenses and Permits, the Department of Police and the Department of Fire, the Director of Licenses and Permits shall issue a local transporter permit.
B. 
Upon review and denial of the application, the Director of Licenses and Permits shall issue a written statement to the applicant specifying the reasons for the denial.
A local transporter permit issued pursuant to § 235-17 may be revoked by the Director of Licenses and Permits for any one or more of the following reasons:
A. 
Fraud, misrepresentation or a false statement as to a material fact in the application.
B. 
A finding that the local transporter permit was issued in error and not in accordance with applicable law.
C. 
A violation of any of the provisions of this Article.
A. 
Any person, firm or corporation granted a local transporter permit shall make an annual report to the Director of Licenses and Permits, the Department of Police and the Department of Fire, indicating the location, number and type of facilities where work has been performed involving the transportation of waste tires, the volume and nature of waste tires that were transported and the place and manner in which such waste tires were finally disposed, and such other information as the Director of Licenses and Permits, the Department of Police or the Department of Fire may require.
B. 
Any person, firm or corporation granted a local transporter permit under shall conspicuously display the permit number on the outside of every vehicle involved in the transportation of waste tires. Further, a local transporter permit shall be carried in any vehicle involved in the transportation of waste tires.
[Amended 9-2-1997, effective 9-11-1997; 6-5-2003, effective 6-6-2003]
A. 
Any person, firm or corporation who shall violate any of the provisions of this article shall be subject to a fine or penalty as follows:
(1) 
Any person, firm or corporation transporting between four and 10 waste tires within the City of Buffalo without a local transporter permit shall be punishable by a Class D fine in the amount of $75.
(2) 
Any person, firm or corporation transporting between 11 and 25 waste tires within the City of Buffalo without a local transporter permit shall be punishable by a Class F fine in the amount of $150.
(3) 
Any person, firm or corporation transporting between 26 and 50 waste tires within the City of Buffalo without a local transporter permit shall be punishable by a Class G fine in the amount of $200.
(4) 
Any person, firm or corporation transporting more than 50 waste tires within the City of Buffalo without a local transporter permit shall be punishable by a Class I fine in the amount of $1,500 or by imprisonment for not more than 15 days, or both such fine and imprisonment, for each offense.
B. 
The penalties provided under the article shall be in addition to those penalties within Chapter 216, § 216-11.